Ten Situations In Which You ll Want To Be Aware Of Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from disabled veterans to make money often rely on their benefits. You require an attorney who is certified to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health disorders linked to a fatal aircraft carrier crash has won a major victory. However, it comes with an expense.

Class Action Settlement

According to a lawsuit filed Monday, the Department of Veterans Affairs discriminates against Black veterans by denying their disability claims at a rate that is significantly higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served during the Vietnam War, is the plaintiff in the lawsuit. He alleges that VA has denied his disability claims at a more frequent rate than white veterans in the last three decades, according to documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and others of black veterans disability attorneys, to suffer in a way that has affected their health, home life, employment, and education. Monk wants the VA to compensate him for benefits that it has taken him out of and to change its policies regarding race as well as discharge status and denial rates.

In the past year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination based on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to a lawsuit filed on Monday. The suit is filed by an ex- Marine Corps veteran who was denied access to housing as well as education benefits for years, even having been diagnosed with post-traumatic stress disorder (PTSD). The suit points to evidence suggesting that VA officials have repeatedly denied claims made by Black Veterans disproportionately.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He eventually got into two fights with fellow Marines which he blamed on his PTSD and was issued an unhonorable military discharge in 1971. This "bad paper" kept him from getting home loans as well as tuition aid and other benefits.

He sued the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. However, he says the VA still owes him money due to his previous denials of disability compensation. He also suffered emotional trauma from reliving the most traumatic memories in each application and re-application, the suit states.

The lawsuit seeks financial compensation and asks the court to require the VA to review its systemic PTSD discrimination. The lawsuit is the latest attempt by groups such as the ACLU and Service Women's Action Network, to force the VA to address the long-standing discrimination against victims of sexual assault.

Alimony Discrimination

People who have served in the military or were a part of those who served in the military, need to know the truth about the benefits for veterans with disabilities and their impact on divorce money issues. One of the biggest misconceptions is that courts in the state can confiscate veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully crafted Title 38 of the U.S. Code to safeguard the veterans' compensation from claims made by creditors and family members in the case of alimony and child support.

Conley Monk, who was a volunteer for his country, spent two years in Vietnam driving bulletproof transport vehicles and moving equipment and troops out of combat zones. He was awarded numerous medals, but then was discharged that was less than honorable because the two battles he endured were because of a post-traumatic stress disorder. The battle to get the VA to grant his claim for disability compensation was a long and difficult route.

He was denied benefits at an amount that was significantly higher than his white peers. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. The suit claims that the VA was aware of and failed to address decades of discrimination against Black veterans. It seeks justice for Monk and other veterans.

Appeal

The VA Board of Veterans Appeals examines claims for benefits if a claimant disagrees to a decision of the agency. It is important to appeal a decision as fast as you can. A veteran disability lawyer can ensure that your appeal meets all requirements and is granted an appropriate hearing.

A lawyer who is qualified can review the evidence used to prove your claim and then submit additional evidence if necessary. A lawyer who understands the challenges of the VA will be more sympathetic to your circumstance. This can be a significant benefit to your appeals.

A claim for disability from a veteran is often denied because the agency did not accurately describe their condition. An experienced attorney can make sure that your condition is correctly categorized and rated, allowing you to get the benefits you require. A qualified attorney will be able work with medical professionals to provide additional proof of your health condition. For instance an expert in medicine might be able prove that the pain you feel is related to your service-connected injury and that it is causing disability. They might be able assist you in getting the medical evidence you need to support your claim.